Trials Ought To Be Heard Based On Date Of Incarceration To Avoid Long Detention Of Under-Trial Prisoners: Kerala High Court

The Kerala High Court recently, while acquitting a murder convict and reversing the order of the trial court, highlighted the need for a speedy trial and proper assistance to prisoners for filing appeals to avoid the long periods of incarceration.

Division Bench consisting of Justice K. Vinod Chandran and Justice C Jayachandran, pointing out the distressing aspect of the continued incarceration of under-trial prisoners and the delay occasioned in conducting trials, opined that High Court could issue directions to Trial Courts to take up matter based on the date of incarceration of convicts. 

We cannot but point out the distressing aspect of continued incarceration of under-trial prisoners and the delay occasioned in conducting trials. As per the statistics of the National Legal Services Authority, the ratio of under-trial prisoners to that of the total population in prisons in Kerala is 59% in the year 2020. We are of the opinion that the High Court could issue directions to the Trial Courts to take up matters based on the date of incarceration of convicts and also in fit cases to consider bail, if there is an inordinate delay caused, for any reason not attributable to the accused.

The Court called upon the District Legal Services Authorities to take up a proactive role in the cases of under-trial prisoners and in the rehabilitation of any convicts released after completing the sentence imposed, especially in cases of first-time offenders.

The Court also directed the Department of Prison and Correction Home to sensitize the Jail Authorities about the need to render assistance to the convicts in filing timely appeals before the High Court and also for moving applications for suspending the sentence.

The Court further directed the judgment to be placed before Kerala Legal Services Authorities and the Chief Secretary of the State of Kerala to address the concern raised by the Court and to apprise the Government of the concerns of the Court regarding the absence of a proper scheme for rehabilitation of prisoners. 

On the facts, the Court acquitted the accused who was incarcerated for 14 years, after it found no reason to uphold the conviction. He was charged with the offences of house trespass, robbery and murder based only on circumstantial evidence, however, when the matter was considered by the Court in an appeal, it found that there wasn't sufficient evidence to convict him. 

The matter has been posted after two months for a follow-up on the rehabilitation of the acquitted person in this case. 

Case Title: Jahir Hussain v. State of Kerala & Anr. 

Citation: 2022 LiveLaw(Ker) 467

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